Day 16 - February 11, 2015

Judge O'Toole explained that jurors would first determine guilt and consider punishment only after a capital conviction. He outlined the differing requirements for aggravating and mitigating factors, emphasized that death requires unanimity and is never mandatory, and instructed prospective jurors to avoid outside discussions, research, and media coverage. Individual questioning addressed lost income, personal connections to the bombings, prior opinions, police testimony, and willingness to consider either punishment. Juror 366 was excused after reporting unpaid time away from work. Juror 375 initially expressed uncertainty about setting aside a prior opinion, then confirmed that he could do so after clarification. The judge limited several defense follow-up questions. Juror 386 adopted categorical opposition to death after learning that each sentencing vote must be independent. Juror 390 ultimately said she would always impose death for intentional, deliberate murder despite earlier assurances that she would consider both sides. Juror 391 said he began with presumed guilt; Juror 394 confirmed a fixed belief in guilt and difficulty critically evaluating police testimony. Jurors 399 and 400 expressed willingness to consider either sentence. During challenges for cause, the court denied defense challenges to Jurors 375 and 390 and excused Jurors 393 and 396 on government challenges. The judge acknowledged similar answers from Jurors 390 and 393 but distinguished their demeanor and his confidence that they could follow instructions. He found Juror 396 substantially impaired in meaningfully considering death. A challenge to Juror 399 remained unresolved in the visible record. Counsel also discussed possible peremptory challenges without jurors present, but no final adoption of that proposal was recorded.